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Florida Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Florida on
Q: Is there cause for a lawsuit after my experience at McDonald’s the other night? Employee at speaker was extremely rude

I went through drive through to get my child a free happy meal with my rewards. She was extremely rude as I order, after placing my order I proceeded to the 1st window (used for payment but a high percent of the time I’m told to skip this, if I don’t need to pay or I paid through the app... View More

James L. Arrasmith
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answered on Nov 19, 2023

I understand your experience at McDonald's was distressing, but the situation you described may not provide strong grounds for a lawsuit. In legal terms, for a lawsuit to be viable, there typically needs to be demonstrable harm or damage. Rude behavior from an employee, while certainly... View More

2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: How do I stop a writ of garnishment?
Charles M.  Baron
Charles M. Baron
answered on Nov 11, 2023

That depends on your facts and the type of garnishment. One issue is whether you are eligible to file a claim of exemption (for example, under one of the categories mentioned in Fla. Statutes Sec. 77.041). If not eligible, the options include trying to work something out with the creditor or... View More

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2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: How do I stop a writ of garnishment?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2023

If you have received notice that your bank account or wages have been garnished, you need to get a form from the clerk of court on which you would claim whatever exemption applies to you. You send a copy to the judgment creditor and a hearing will be held at which you can testify under oath... View More

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1 Answer | Asked in Consumer Law and Gov & Administrative Law for Florida on
Q: I have been trying to get my title from a now closed Car company.They have sold the company to someone else.

I have been getting no where as to receiving my title and now they want more money.How can I sue them to have the courts deem me to be the owner?

James L. Arrasmith
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answered on Nov 9, 2023

You have the right to seek legal recourse if you believe a company has not fulfilled its obligation to provide you with a vehicle title. Consider gathering all pertinent documents, including sales contracts and any correspondence with the company, as evidence of your ownership claim and the... View More

1 Answer | Asked in Consumer Law for Florida on
Q: I need to understand my legal rights when disputing an incomplete credit card charge.

I need to understand my legal rights when disputing an incomplete credit card charge. I engaged in a mentorship for consultation but received only 1 hour due to identity theft. The mentor requested sensitive information via a Promissory Note, and I subsequently requested a refund for the remaining... View More

T. Augustus Claus
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answered on Nov 1, 2023

You have the right to dispute the incomplete credit card charge for the mentorship you received. The fact that you received only one hour of mentorship due to identity theft and that the mentor requested sensitive information via a Promissory Note are both valid reasons for disputing the charge.... View More

3 Answers | Asked in Bankruptcy, Consumer Law and Estate Planning for Florida on
Q: Will creating a trust for protection of personal assets also protect the beneficiary from a bad credit history?

As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More

Nina Whitehurst
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answered on Oct 30, 2023

There is such a thing as a self-settled spendthrift or asset protection trust, but many states do not allow them. Also, typically the settlor (you) cannot also serve as trustee of the trust. In other words, you would not have signature authority over the assets that you put in the trust. And,... View More

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3 Answers | Asked in Bankruptcy, Consumer Law and Estate Planning for Florida on
Q: Will creating a trust for protection of personal assets also protect the beneficiary from a bad credit history?

As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 31, 2023

While you can accomplish some of your intended goals with proper planning, the use of a trust in the manner that you have inquired and proposed is not one of them generally speaking. Estate planning is for the purpose of trying to avoid probate and distribute your estate assets in the manner that... View More

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3 Answers | Asked in Bankruptcy, Consumer Law and Estate Planning for Florida on
Q: Will creating a trust for protection of personal assets also protect the beneficiary from a bad credit history?

As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More

James L. Arrasmith
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answered on Nov 4, 2023

Forming a trust can offer a means to manage and protect assets, and a trust can indeed obtain its own tax identification number (EIN) for banking and financial transactions. However, the trust's creation and operations won't directly shield you from the effects of your personal credit... View More

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1 Answer | Asked in Contracts and Consumer Law for Florida on
Q: I signed a contract for an rv but then some weeks later got a letter saying the loan was not approved At that moment of

I signed a contract for an rv but then some weeks later got a letter saying the loan was not approved At that moment of signing contract i also sold them my car that has a payment still needed. They did not give me any paperwork that i signed with them one being power of attorney

They are... View More

Angelo "Tony" Marino Jr.
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answered on Oct 25, 2023

The devil is in the details. A lawyer will need to look at the agreement you signed. This sounds like a yo-yo sale, which means they sold you the vehicle and now want to renegotiate the loan. This is an unfair and deceptive trade practice. Very, very seldom is a dealer willing to let a vehicle... View More

2 Answers | Asked in Tax Law, Consumer Law, Contracts and Real Estate Law for Florida on
Q: does the court notify parties if there is a motion to dismiss and give an opportunity for a hearing or does an answer to

a motion to dismiss need to be filed with the court first? thank you

Angelo "Tony" Marino Jr.
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answered on Oct 24, 2023

The party filing the motion to dismiss must send all parties the motion to dismiss and the notice of hearing. This is usually done on the court's e-portal. Make sure you have signed up with the court's e-portal. If you are not on the e-portal, the other party should send it by mail to you.

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1 Answer | Asked in Consumer Law, Real Estate Law, Tax Law and Municipal Law for Florida on
Q: if a defendant asks for the complaint to be dismissed at the beginning of the answers and setting their defenses is ther

anything that has to be answered to their defenses or proven or do we just move forward to discovery and setting a court date?

Angelo "Tony" Marino Jr.
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answered on Oct 23, 2023

I am not exactly sure what you are asking. I am assuming that a defendant has moved to dismiss a complaint, but I do not know if the motion was granted. A hearing on the motion to dismiss is heard before a judge. One can respond to the motion to dismiss in writing or just orally at the hearing.... View More

2 Answers | Asked in Consumer Law and Collections for Florida on
Q: Next steps after receiving zombie debt notice

I live in Florida, and received a debt validation notice trying to collect on an alleged debt with a Florida based credit union (presumably alleged credit card debt), saying the "debt is now owned by [collection agency's name]". Notice states their info shows a balance dated April... View More

Angelo "Tony" Marino Jr.
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answered on Oct 22, 2023

The statute of limitations for written contracts is 5 years in Florida. However, most agreements state in which what state the laws apply to the agreement. Having said that, I am not aware of any state where the statute of limitations exceeds 10 years.

I would send a cease-and-desist...
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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Tax Law for Florida on
Q: do interrogatories have to be served by sheriff or can they be emailed to the defendant or served on myfloridacourtacces

can the myfloridaccess.com be used to serve interogatories?

Charles M.  Baron
Charles M. Baron
answered on Oct 20, 2023

After initial service of process (serving of summons and complaint), there are only two permissible methods of serving ANY DOCUMENTS, including interrogatories (unless you obtain a court order allowing some other method): (1) sending a hard copy by mail or hand-delivery, or (2) using the Fla.... View More

2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Pool builder is asking that we pay for permit to be extended. Purchase agreement states permits & NOC included.

The permit was originally issued 8-13-21 and expired 10-19-2023. The pool contractor contacted me 10-19-2023 asking for the renewal fees to be paid quickly because fees will double 10-24-23. They are blaming us because we had asked that the equipment installation scheduled 6-27-23 to be pushed... View More

John Michael Frick
John Michael Frick
answered on Oct 23, 2023

I would pay the permit extension fee while clearly communicating to the contractor in writing that the price of permitting is included in the contract price and that you will deduct the extension fee from the required retainage upon completion of the project.

Be sure to demand an “all...
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2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Pool builder is asking that we pay for permit to be extended. Purchase agreement states permits & NOC included.

The permit was originally issued 8-13-21 and expired 10-19-2023. The pool contractor contacted me 10-19-2023 asking for the renewal fees to be paid quickly because fees will double 10-24-23. They are blaming us because we had asked that the equipment installation scheduled 6-27-23 to be pushed... View More

Angelo "Tony" Marino Jr.
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answered on Oct 20, 2023

The question you have to ask yourself is do you want to stand on the contract and possibly have your pool delayed more or do you want to get it completed. It seems that more than 2 years to complete the work is a long time. I do not know what the normal time is in Ft Lauderdale to complete a... View More

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1 Answer | Asked in Consumer Law and Business Law for Florida on
Q: I’m having an issue with MoneyGram.

Hello

I transferred $1016 from the US to my fiancé in Ukraine on October 6th.

The transfer usually takes between few minutes to few hours to be completed.

However, this time, the transfer hasn’t reached the receiver till this day.

I called MoneyGram on the day of... View More

Jane Kim
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answered on Oct 14, 2023

Sorry to hear that. I believe the way MoneyGram works is local location in Ukraine has to have US cash on hand and they portably don't or the local place stole it. They must've tracked the transfer by now, and still no money. Try to stay on top of it and get a refund here. If not, your... View More

1 Answer | Asked in Consumer Law and Business Law for Florida on
Q: Under Title 33 chapter 501.021 is placing door hangers considered soliciting?

The door hangers in question only advertise a free inspection and not any of the paid services that I offer.

Sometimes I find doors with "no soliciting" signs on them and I want to make sure that I'm not doing anything illegal by placing a door hanger on said door.

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2023

A Florida attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney, it's best to avoid leaving anything at such residences or businesses. The sign usually means they want nothing in the form of materials, whatever the... View More

1 Answer | Asked in Arbitration / Mediation Law, Collections and Consumer Law for Florida on
Q: Is arbitration against the creditor or the collections agency that the creditor sold the debt to?
Tim Akpinar
Tim Akpinar
answered on Oct 5, 2023

A Florida attorney could advise best, but your question remains open for two weeks. It could depend what the arbitration is for - general negotiation, challenging basis for debt, claim for misconduct, etc. It could also depend on the right to use arbitration as a forum. Sometimes that's... View More

1 Answer | Asked in Bankruptcy and Consumer Law for Florida on
Q: What are considered the key advantages and disadvantages of filing for Chapter 7 & 13 bankruptcy in the State of Florida
T. Augustus Claus
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answered on Oct 3, 2023

Chapter 7 advantages:

Most unsecured debts can be fully discharged.

The process is quicker than Chapter 13, often completed within months.

There's no requirement to repay debts.

Chapter 7 disadvantages:

You may have to liquidate certain assets to repay...
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1 Answer | Asked in Consumer Law, Contracts and Admiralty / Maritime for Florida on
Q: I want to sue a yacht charter broker in Fort Lauderdale.

I want to sue a yacht charter broker in Fort Lauderdale. Long story short. For my 70th birthday I rented a very expensive home on the water for 3 nights.

I chose the home because the yacht broker I was working with said docking the yacht I selected for a day charter 'should not be a... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 26, 2023

You didn't ask a question in this Q & A forum, but I suppose you're wondering if you have a viable potential claim. That depends on a few factors, including the terms of the written contract. Generally, verbal comments that conflict with the written contract cannot be the basis for... View More

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